Is there a timescale in which you are able to resign whilst under investigation?

[DMC3103]

Yesterday I was suspended for gross misconduct that will end in dismissal. This happened at 14:00. I went home to seek advice and this morning at approximately 10:00 I attempted to resign but was told I couldn't as the disciplinary had already sorted. My question is if there is a set period of time they have to give you before an investigation starts or can they do this instantly subsequently removing your right to resign?

Thanks in advance

[leclerc]

Re: Is there a timescale in which you are able to resign whilst under investigation?

Yesterday I was suspended for gross misconduct that will end in dismissal. This happened at 14:00. I went home to seek advice and this morning at approximately 10:00 I attempted to resign but was told I couldn't as the disciplinary had already sorted. My question is if there is a set period of time they have to give you before an investigation starts or can they do this instantly subsequently removing your right to resign?

Thanks in advance

About 8 years ago, I was suspended and I knew I would be sacked. Completely justified. However, you can resign in writing according to your contract and the company can still proceed to investigate and to sack you if it is within your resignation period. Any reference that you want will state that you resigned whilst under investigation so that might not help. I might add I got sacked but c'est la vie.

Have you been asked to stay away from work and/or work colleagues? Do you have a copy of your contract?

I will try and see if anyone is about who can offer better advice: [MENTION=77627]Openlaw15[/MENTION] [MENTION=26290]mariefab[/MENTION]

( For other knowledgeable beagles on here: can someone tag in the company rep that works for the law firm as I am not quite sure of the name?)

[DMC3103]

Re: Is there a timescale in which you are able to resign whilst under investigation?

About 8 years ago, I was suspended and I knew I would be sacked. Completely justified. However, you can resign in writing according to your contract and the company can still proceed to investigate and to sack you if it is within your resignation period. Any reference that you want will state that you resigned whilst under investigation so that might not help. I might add I got sacked but c'est la vie.

Have you been asked to stay away from work and/or work colleagues? Do you have a copy of your contract?

I will try and see if anyone is about who can offer better advice: [MENTION=77627]Openlaw15[/MENTION] [MENTION=26290]mariefab[/MENTION]

( For other knowledgeable beagles on here: can someone tag in the company rep that works for the law firm as I am not quite sure of the name?)

Thank you for your reply. So whilst they can reject my immediate resignation they have to accept one giving my full term notice? If I were to gain a sick line that covered my 4 weeks notice period would they still go ahead in my absence. I have no interest in attending the interview or subsequent disciplinary as I am fully aware of the outome

Yes I have been asked to stay away and nother, I do not have a copy of my contract. I was promoted approximately 2 years ago and never received a copy despite numerous requests

[Openlaw15]

Re: Is there a timescale in which you are able to resign whilst under investigation?

Yesterday I was suspended for gross misconduct that will end in dismissal. This happened at 14:00. I went home to seek advice and this morning at approximately 10:00 I attempted to resign but was told I couldn't as the disciplinary had already sorted. My question is if there is a set period of time they have to give you before an investigation starts or can they do this instantly subsequently removing your right to resign?

Thanks in advance

Hello, DMC3103

Sorry to hear of these problems. I have provided general information below. It's difficult to give my opinion specifically though as there are no specific details. What did you allegedly do wrong to justify 'gross misconduct' - what is the procedure for dismissal - how is 'gross misconduct' defined under your company's rules of procedure? Without knowing these details it's difficult to know whether you have a tribunal claim or not. There has to be a fair investigation though. Did you receive a letter stating that you were being suspended? Were you suspended on pay or not? If you were told you were suspended for gross misconduct at 2pm the day before you were dismissed, it sounds like there may be grounds for a tribunal claim. The law in England and Wales permits you to have a hearing in which you have the right to either defend yourself or be accompanied by a legal representative or other person. Were there any other hearing prior to this? Did you have any defences - was this in your view a fair gross misconduct?

In general:

When you resign you - as the employee - are essentially bringing your employment contract to an end as you're legally entitled to do. The employer can terminate the contract, and so can the employee (resign). If you're being investigated for gross misconduct, it shouldn't stop you from ending your contract immediately. The company cannot stop you from ending your contract at all as this is a free country. It should not have mattered whether the disciplinary had not occurred, just started, or coming to its end, or ended completely, with a consequent hearing for a formal termination. You can resign when you want to.

[charitynjw]

Re: Is there a timescale in which you are able to resign whilst under investigation?

IMHO
Gross misconduct, which you appear not to challenge, can mean instant dismissal & therefore no notice required, or employer's duty to pay for the notice period. (Check the firm's Disciplinary & Grievance procedure for details)
It would also appear that an appropriate investigation is being conducted, & any disciplinary procedure is likely to be a formality.
It will be the employer's choice whether to accept your resignation or to terminate the contract on their terms.
If they accept your resignation & dispense with the GM accusation, they would have to pay the contractual notice period. (or PILON).
Put yourself in their shoes........'no-brainer', really!

[DMC3103]

Re: Is there a timescale in which you are able to resign whilst under investigation?

IMHO
Gross misconduct, which you appear not to challenge, can mean instant dismissal & therefore no notice required, or employer's duty to pay for the notice period. (Check the firm's Disciplinary & Grievance procedure for details)
It would also appear that an appropriate investigation is being conducted, & any disciplinary procedure is likely to be a formality.
It will be the employer's choice whether to accept your resignation or to terminate the contract on their terms.
If they accept your resignation & dispense with the GM accusation, they would have to pay the contractual notice period. (or PILON).
Put yourself in their shoes........'no-brainer', really!

I asked for resignation with immediate effect and they did not accept as they had already started disciplinary. I am not trying to stay on and get whatever pay out of them that I can I wish to leave and be done with it all

[charitynjw]

Re: Is there a timescale in which you are able to resign whilst under investigation?

I asked for resignation with immediate effect and they did not accept as they had already started disciplinary. I am not trying to stay on and get whatever pay out of them that I can I wish to leave and be done with it all

Even so, if they accepted your resignation, they may be under a contractual duty (or failing that, a statutory duty), to honour the notice period.

[Openlaw15]

Re: Is there a timescale in which you are able to resign whilst under investigation?

I asked for resignation with immediate effect and they did not accept as they had already started disciplinary. I am not trying to stay on and get whatever pay out of them that I can I wish to leave and be done with it all

Well, why would it matter to you whether you're dismissed soon after the suspension or you wanted to resign (but they wouldn't accept)? Is this about a reference matter?

[DMC3103]

Re: Is there a timescale in which you are able to resign whilst under investigation?

There is an element of the reference hence why I was asking if there was a time frame that employers had to afford employees to take action (i.e offer immediate resignation) before they could start formal proceedings. To be honest at this point I just want the whole situation to be finished with. Prior to this incident I had been offered a new job and provided it is still there will want to start that as soon as possible but will be unable to do this until all is finalised. I think there was misunderstanding with my initial post in that I am currently suspended on full pay, investigation pending and the outcome will be dismissal.

[Openlaw15]

Re: Is there a timescale in which you are able to resign whilst under investigation?

There is an element of the reference hence why I was asking if there was a time frame that employers had to afford employees to take action (i.e offer immediate resignation) before they could start formal proceedings. To be honest at this point I just want the whole situation to be finished with. Prior to this incident I had been offered a new job and provided it is still there will want to start that as soon as possible but will be unable to do this until all is finalised. I think there was misunderstanding with my initial post in that I am currently suspended on full pay, investigation pending and the outcome will be dismissal.

Is the job an unconditional or conditional offer? Acceptance of the Offer of a job generally means a contract. Was the gross misconduct for something that the prospective employer will consider terminating the offer for (if it were possible?) Did you try to offer a resignation prior to the disciplinary?

[DMC3103]

Re: Is there a timescale in which you are able to resign whilst under investigation?

I was called into an office at 14:00 to be told I was suspended on full pay pending investigation. I sought advice and got my head around the matter and offered my resignation at 10:00 the next day asking for it to take place with immediate effect and I was told that they would not accept the resignation as in their words "disciplinary was already underway". In my eyes 4 working hours seems a very small window of opportunity to respond.

[Openlaw15]

Re: Is there a timescale in which you are able to resign whilst under investigation?

I was called into an office at 14:00 to be told I was suspended on full pay pending investigation. I sought advice and got my head around the matter and offered my resignation at 10:00 the next day asking for it to take place with immediate effect and I was told that they would not accept the resignation as in their words "disciplinary was already underway". In my eyes 4 working hours seems a very small window of opportunity to respond.

I've studied criminal law, criminology, psychology etc, am not a shrinking violet therefore. What have you done wrong; I will not judge you, I just want to understand and appreciate the gravity of your situation. It's rather short notice as it doesn't provide you with enough notice to launch a defence. The more onerous (ie harsh) the measure: ie gross misconduct - the more leniency you should have to permit legal representation etc. It's almost like the police interviewing a suspect without him being permitted access a criminal defence lawyer. It would be classed of lack of 'due process.' The only exception I know is for terrorists or where the police suspect the legal rep is corrupt, etc. In my view, it really sounds like breach of procedure by your employer, or barring your right to a fair hearing: Article 6, Human Rights Act 1998, and or degrading treatment: Article 3, HRA 1998.

[charitynjw]

Re: Is there a timescale in which you are able to resign whilst under investigation?

IMHO
Obviously we (I) cannot comment on the 'seriousness' of the misconduct; in many cases, even being caught smoking at work can be GM, but that would not be as 'bad' as, say, assaulting a colleague or stealing from work.
However, as previously mentioned, your employer seems to think that a GM investigation/disciplinary is the correct way of dealing with it, & I fear that is their prerogative to do so.
As long as the employer conducts a fair process to come to the decision. it is likely to be seen as a 'fair' dimissal as per Polkey v A E Dayton Services [1987]

[Openlaw15]

Re: Is there a timescale in which you are able to resign whilst under investigation?

IMHO
Obviously we (I) cannot comment on the 'seriousness' of the misconduct; in many cases, even being caught smoking at work can be GM, but that would not be as 'bad' as, say, assaulting a colleague or stealing from work.
However, as previously mentioned, your employer seems to think that a GM investigation/disciplinary is the correct way of dealing with it, & I fear that is their prerogative to do so.
As long as the employer conducts a fair process to come to the decision. it is likely to be seen as a 'fair' dimissal as per Polkey v A E Dayton Services [1987]

This is the problem Charity, ops are so frightened of remaining anonymous that they do not see we just want to know some of the facts but not the personal stuff which will either identify them or the company they work for. Some cases are more sensitive and complex than other, but it's so difficult to form an opinion when there is just a trace of a problem. Ie got into fight with supervisor....not name of company, not name of supervisor.